It is pretty darn scary when a United States Senator doesn’t seem to have a serious grasp of the basic concepts of the First Amendment. While members of Congress are sworn in on a Bible and give an oath that they will uphold the Constitution, there is no test or standard that they actually carry that oath out. They can in effect, run wild and interpret the Constitution any way they please and outright trash it, but there doesn't seem to be any kind of accountability that elected officials hold other elected officials to.

On this Sunday's Fox News Sunday, Illinois Democratic Sen. Dick Durbin said that it was too early to call for a special prosecutor to look into the Justice Department’s monitoring of journalists and in trying to define what a journalist is, he pondered if bloggers are entitled to First Amendment Constitutional protections. Well Mr Durbin, we're pretty sure the Constitution never makes that distinction at all. It says nothing at all about who is entitled to those protections as an American citizen, therefore it covers every American citizen. Maybe you should try actually reading it some time.

Read the pertinent pert of Durbin's transcript below and watch the fairly astounding video after that:

“But here is the bottom line — the media shield law, which I am prepared to support, and I know Sen. Graham supports, still leaves an unanswered question, which I have raised many times: What is a journalist today in 2013? We know it’s someone that works for Fox or AP, but does it include a blogger? Does it include someone who is tweeting? Are these people journalists and entitled to constitutional protection?"

I'm beginning to wonder if Democratic Senators who act like traitors are entitled to Constitutional protections.

Is this guy for real. We have spell check maybe we should have comment check so they don’t look so out there. The only promblem with that we wouldn’t be able to tell up front that they just want to trash the Constitution. Like I say don’t like here leave. There are other countries that share your veiws. So I have a question for him if our ways are so bad then way are so many countries fighting for freedom. Can’t he see that’s way we are targets.

This the same logic Liberals use to infringe on the Second Amendment, “you don’t need 30 bullets to hunt”. Hunting isn’t mentioned in the Second Amendment. Now only the press get first Amendment rights

I see an awful lot of people who oppose the obamer agenda. I just can not believe there are those who have brains like a garbage can. You favor him because his color and yet ignore all his obamanations because others are crooked too?

Gee Dick, since the constitution was also written before radio and television, perhaps people who report via those media are also not real journalists and not entitled to freedom of speech and the press.

This is quite fascinating to me. If the concern is sharing incorrect information, the First Amendment covers that – no yelling FIRE in a crowded theater. But if we look back to the reporting of the Boston Marathon bombings, how many stories were reported incorrectly in the race to get a store published? As stated in the article, I don’t recall any distinction being made so I’ll continue to blog away, responsibly, while respectfully accepting comments that share alternative points of view, because we have a Right to Free Speech.

I’m a blogger, not a reporter. I’m clear on that. I’m also clear that I’m an American. Who do you work for, Senator Durbin?

Social Media scares the common sense out of Politicians. We finally have something more powerful than money and connections; the masses…… I love it. I don’t need to call him anything – he speaks volumes for himself.

Well, Mr. Durbin, if that’s true, then you (and Orrin Hatch) did NOT have the right to write that “Dream Act” in 2001. IOW, your “opinion” about amnesty for illegal aliens is unconstitutional. Whatcha think?

I am a civilian federal employee and retired military. In both professions, I had to take drug tests to prove I am not a drug abuser. Nancy Pelosi, Dianne Feinstein and Dick Durbin are examples of why elected officials need to be drug tested regularly!

First they attack the Second Amendment, now there after the First Amendment. If we let them whittle away at these they’ll go after others, then they’ll go after the Constitution. Then we can change country’s motto from “The Land Of The Free” to “The Land Of The Enslaved”. LET FREEDOM RING!

Once again a politician who has no clue he works for US the America people. Free speech is free speech. Why don’t they say what they really mean- We don’t like when you talk about us so we want to cry about it and threaten your right to be free. Well today is Memorial Day as I type this. And men and women shed blood for our freedoms in America and no moronic politician will take that away. That is why Americans need to get much smarter when they step into the voting polls because these are the types of people you are putting in office – Clueless.

Democratic Sen. Dick Durbin said that it was too early to call for a special prosecutor to look into the Justice Department’s monitoring of journalists and in trying to define what a journalist is, he pondered if bloggers are entitled to First Amendment Constitutional protections.
Since when is the first amendment set aside for congress, president and special new-medias? All Americans has the right to say and speak their mind whether anybody agrees with them or not. It is not for the Government to decide who may speak and who may not under the bill of rights. Why it is that Washington dim-witted idiot’s thinks they are so smart that nobodies thoughts except their own matters? Every American needs to speak out on the corruption of this government administration.

Durbin is letting his communist tendencies show again. Here a clue DICK…..ALL AMERICAN CITIZENS HAVE THE RIGHT TO FREE SPEECH! It does not matter if they are a blogger or a homeless person. If you don’t like that I suggest you get out of our country now. BTW We also have the right to remain silent and I suggest you start using that right now.

I for one am getting so sick of hearing these politicians crying, I say they either follow the damn constitution or step the hell down! We The American people need to put a stop to this bullshit! they do work for us, and we have freedom and it states it in the constitution. we Americans need to see to it they go by it! THIS IS TO ALL AMERICAN PEOPLE OUT HERE VOTE THESE DUMBASS Democrat’s OUT!

You don’t need to be a licensed journalist to be protected by the First Amendment. This should be obvious to every American. The fact that a high profile U.S. Senator is questioning the right to Free Speech is, quite frankly, frightening.

Sen. Durbin asks a pertinent question. One that the courts and political parties have been wrestling with for years.

First, to be sure, Sen. Durbin was making reference to the media shield law, or as it is known in congress as the Free Flow of Information Act. He rightly asks, because he is not sure, as apparently many republicans are not, too, should people who tweet or blog be covered by the protections the media shield law would afford journalists. That bill allows reporters to protect confidential sources and their notes. You may know that the drive for a shield law began in the mid-70s when a 1972 U.S. Supreme Court ruling found journalists have no constitutional right to protect anonymous sources. That’s why New York Times reporter Judith Miller spent 85 days in jail in 2005 for refusing to identify a confidential government source who leaked the name of CIA operative Valerie Plame.

The quandary even exists through state legislatures and our judicial system, too. Some states have their own form of media shield laws and some do not. And, in New Jersey, a Superior Court ruled that Shellee Hale, a blogger, was not a journalist — and therefore not protected by shield laws. She had gone online and defamed a company by complaining about their lack of on-line consumer protection. The state Supreme Court upheld the Superior Court ruling.

So, this isn’t just Sen. Durbin wondering if bloggers and tweeters should be included under the provisions of the media shield law… it’s other politicians, courts and, even, academics who have been debating this issue for years.

What I find very interesting is that now that we have a Democratic president whose Attorney General is facing questions about his possible role in the investigation of Fox and AP reporters sources we now many republicans in favor of a media shield law,

But, just a few years ago the Bush administration was adamantly opposed to the legislation. Hmmm.

And, even today, far right conservative states like Dick Cheney’s Wyoming want nothing to do with protecting journalist’s sources.

Aldo, if the people in Congress are having a hard time with whether a shield law should apply to bloggers and tweeters, then they don’t understand that the first Amendment applies to all citizens. Every citizen that publishes information is “the press”. It does not matter whether you publish for financial remuneration or not, you are entitled to equal protection under the law. If the professional press’s sources are protected by the shield law, then so should be sources of those who publish without pay. That includes bloggers and tweeters. (And by the same token, if the law requires the revelation of sources in order to prevent a violent crime,such as a terrorist attack, that would also apply to bloggers and tweeters and every other non-professional that publishes.)

If our governmental leaders including the courts and intelligentsia are having trouble grasping this, theirs is a failure of common sense and principled thought, which is why the USA (and every other country) is in such a mess when it comes to rights.

Same guy who trashed the Second Amendment during that debate. I dare say he only knows amendment numbers when someone tells him what they say. Someone should send him a copy of The Bill of Rights and advise he will be tested at every campaign stop he makes in the future.

Same guy who trashed the Second Amendment during that debate. I dare say he only knows amendment numbers when someone tells him what they say. Someone should send him a copy of The Bill of Rights and advise he will be tested at every campaign stop he makes in the future.

Treason of our country’s highest laws in a military tribunal would warrant death to the infractions.

These People our families our friends our neighbors that the ABUSIVE GOVERNMENT is destroying future Americans ability to : Life Liberty and HAPPINESS on the alter of CONVENIENCE, PRIDE and GREED. all it takes for evil to prosper is that good men do nothing and remain silent and watches the criminals (agents, social workers, some police and others ) hurt their neighbor and say nothing.

the GOOD Samaritain was good because of his HEARTS actions nothing about mans schemes. we need all that care about freedom really value its worth stand up for right every time because we the people are the 4th BRANCH of government ” the PEOPLE ” we NEED to take back what was stolen from us. otherwise we are the west coast of europe already just waiting for the apocalypse to begin the beginning of woes and the Angel of the LORD took the 1st vial and he poured it out on mankind seals, signs, judgements

if my people that are called by my name and HUMBLE themselves and pray and turn from their wicked ways i will hear their cry’s and HEAL their the land.

JUDGEMENT IS BEEN BROUGHT TO AMERICA WE NEED TO BE THAT LIGHT IN A DARK PLACE be apart of the REMNANT for the kingdom of GOD IS AT HAND CHOSE LIFE as JOSHUA SAID GOD GAVE HIM THESES WORDS chose ye this day whom ye shall serve as for me and my HOUSE we shall serve the LORD!

Treason of our country’s highest laws in a military tribunal would warrant death to the infractions.

These People our families our friends our neighbors that the ABUSIVE GOVERNMENT is destroying future Americans ability to : Life Liberty and HAPPINESS on the alter of CONVENIENCE, PRIDE and GREED. all it takes for evil to prosper is that good men do nothing and remain silent and watches the criminals (agents, social workers, some police and others ) hurt their neighbor and say nothing.

the GOOD Samaritain was good because of his HEARTS actions nothing about mans schemes. we need all that care about freedom really value its worth stand up for right every time because we the people are the 4th BRANCH of government ” the PEOPLE ” we NEED to take back what was stolen from us. otherwise we are the west coast of europe already just waiting for the apocalypse to begin the beginning of woes and the Angel of the LORD took the 1st vial and he poured it out on mankind seals, signs, judgements

if my people that are called by my name and HUMBLE themselves and pray and turn from their wicked ways i will hear their cry’s and HEAL their the land.

JUDGEMENT IS BEEN BROUGHT TO AMERICA WE NEED TO BE THAT LIGHT IN A DARK PLACE be apart of the REMNANT for the kingdom of GOD IS AT HAND CHOSE LIFE as JOSHUA SAID GOD GAVE HIM THESES WORDS chose ye this day whom ye shall serve as for me and my HOUSE we shall serve the LORD!

Marlin Daniel,
“Even 10 years is too long in my estimation. 3 two year terms should be maximum.

Six years?!
Six years is too long in my humble opinion.

Since we hold elections every two years; we should have a Constitutional amendment imposing “ONE AND DONE TWO-YEAR TERM-LIMITS” on all seats in the Legislative Branch (House and Senate), and a “ONE AND DONE FOUR-YEAR TERM-LIMITS” for the Executive Branch

With our modern, technologically advanced, society the antiquated practice of commuting to meet in Session every week in Washington, D.C., should be abolished. With the exception of POTUS, VPOTUS, SPEAKER, AND PRESIDENT OF THE SENATE, each Legislator should remain in their respective Congressional Districts where their constituents can interact with them in person instead of having to meet with Staff members. Moreover, the Members of Congress and the POTUS should meet weekly via SKYPE, etc, but only in their Congressional District Office where their constituents can watch and listen, but not interfere during the meeting.

However, in the event of the recognized threat of an armed invasion our respective Members of Congress should be called into session in Washington, D.C., to issue a Declaration of War.

More so, ALL members of Congress would be paid a salary of nothing more than the prevailing federal minimum wage based upon a forty-hour workweek, and no retirement benefits. Moreover, the POTUS/VPOTUS would be paid a salary of nothing more than 1.5 times the prevailing federal minimum wage based upon an 80-hour workweek, and neither would be granted retirement benefits.

With a population of more than 300,000,000 CITIZENS surely, every other year, we can find at least 535 Citizens who want to serve their neighbors as their legislator in our United States Congress.

Marlin Daniel,
“Even 10 years is too long in my estimation. 3 two year terms should be maximum.

Six years?!
Six years is too long in my humble opinion.

Since we hold elections every two years; we should have a Constitutional amendment imposing “ONE AND DONE TWO-YEAR TERM-LIMITS” on all seats in the Legislative Branch (House and Senate), and a “ONE AND DONE FOUR-YEAR TERM-LIMITS” for the Executive Branch

With our modern, technologically advanced, society the antiquated practice of commuting to meet in Session every week in Washington, D.C., should be abolished. With the exception of POTUS, VPOTUS, SPEAKER, AND PRESIDENT OF THE SENATE, each Legislator should remain in their respective Congressional Districts where their constituents can interact with them in person instead of having to meet with Staff members. Moreover, the Members of Congress and the POTUS should meet weekly via SKYPE, etc, but only in their Congressional District Office where their constituents can watch and listen, but not interfere during the meeting.

However, in the event of the recognized threat of an armed invasion our respective Members of Congress should be called into session in Washington, D.C., to issue a Declaration of War.

More so, ALL members of Congress would be paid a salary of nothing more than the prevailing federal minimum wage based upon a forty-hour workweek, and no retirement benefits. Moreover, the POTUS/VPOTUS would be paid a salary of nothing more than 1.5 times the prevailing federal minimum wage based upon an 80-hour workweek, and neither would be granted retirement benefits.

With a population of more than 300,000,000 CITIZENS surely, every other year, we can find at least 535 Citizens who want to serve their neighbors as their legislator in our United States Congress.

It might be more impressive, Mr. Cabrel, if you were aware of the basic fact that Senators (2 from each state) serve 6-year terms, meaning only 1 is up for election at a time, and every third election in a state, NO Senator is running. Yep, we’re STILL stuck with Harry Reid for another 3 1/2+ years … although he ‘hopefully’ loses his ‘Senate Leadership’ before then.

“What is a journalist today in 2013? We know it’s someone that works for Fox or AP, but does it include someone who is tweeting? Are these people journalists and entitled to constitutional protection?”

What does being a journalist have to do with it? The constitution is for ALL AMERICANS! HELLO!

Makes me wonder why the people of Illinois are so stupid as to reelect this liberal “dirtball” in a suit time after time. I think he is part and parcel of the crud and corruption that are endemic to Ill. politics.

These people get re-elected because many of them are dead, many are free loaders and the rest are out-numbered. This Dumbass will protect someone here in this country illegally before protecting any American’s right.

These people get re-elected because many of them are dead, many are free loaders and the rest are out-numbered. This Dumbass will protect someone here in this country illegally before protecting any American’s right.

I live in Illinois and I can guarantee I have NEVER voted for DICK Durbin. And to your point Jeremy, I do live in downstate Illinois and unfortunately there aren’t enough of us down here to counterbalance the corrupt Democratic machine from Chicago.

I live in Illinois and I can tell you Durbin is a Chicago thug from the get go. He will support Obarfa and Holder all the way to Hell, unless his ass is on the line. Like most of those in Washington, his prime objective is monetary gain for himself.

Forrest Gump can be found at all levels of society, but he isn’t really dangerous until he is elected to something. Forrest has kinfolks who get elected quite often, and it looks as if Mr. Durbin might be one of those relatives.

I think even Forrest Gump would know that the freedom of speech and of the press applies to bloggers and Tweeters. He was an innocent. Uncorrupted. It’s really not that hard even for a simple mind to see, if it’s honest.

I think Mr. Durbin’s capacity for honest, principled thinking has been corrupted by lack of practice. And by the kind of thinking habits he has practiced.

Who is he talking to his handler, the Corporations, the bloggers ( who he obviously does not respect,) does he realize he is excercising his right to free speech? Oh boy…. another “poly tic tion” who does what those who have him in their pocket want him to say and do. Is there any character, and ethics anymore? Maybe it should be illegal to be unethical in a public office?

They should have a test for every public office to see if they pass knowing the Constitution of the United States.
They must pass or not be a candidate. This includes the President of the United States.

A person can memorize the whole Constitution and be able to recite it backwards and forwards, but still be a concrete-bound mind that doesn’t know how to apply a principle and can’t work out that “freedom of the press” means freedom to publish, and applies to ANYONE who publishes, not just some special class of people who publish.

And then there is the question of who would create the test you suggest? In the world of today, where it seems so many of the people “at the top” don’t know how to think in principles, or are such scoundrels that they spend their time coming up with ways to circumvent principles, the danger is that the test itself would be corrupt. I’d be afraid that such a test would actually filter out the people who really *understand* the Constitution.

The real solution to the mess we have at the so called “top” is for those who understand the principles of liberty to work our butts off to communicate that understanding to our fellow citizens, and especially to young people. And that means continually improving your own knowledge and thinking and your ability to communicate it to others – especially young people whose education – including knowledge of the principles of reasoning – has been sorely corrupted.

You can’t limit who can run as a candidate based on what he believes. Only the voters can bar him from office by not voting for him.

Why don’t you run for office then ? I enjoyed reading your post and in more or less words, I could not agree with you more. But regardless of what anyone says words or just words. Talking is a great start don’t get me wrong. But its not a means to a end. Even the smallest change can send s domino effect throughout a state or even a country. So why don’t you become the pebble entering the pond and make some waves ?

A long time ago the rights were very simple to understand and live by. Then came the people who decided they had the money to challenge the courts of the land and won on what they decided for all of us to be simple truths. All it was , was thier way of getting the rules changed to meet thier needs and fantasies and make all of us kneel to it. The courts, justices, congress, and lawmakers can’t seem to grasp the fact that the constitution is there for all of us to be used as it was meant to be, not changed to help others keep a fixation of thier mindless egosenstaions of themselves. Put christain values back in school, put the commandments back up on all gov. properties, and quit the lawsuit abuse.